Please help! - Work Authorization under K1 Visa

[Usui Takumi 1,562]

Sousuke, do you have the link where you got that information?

Thank you. I'd like to read up further.

Yeah give me a few minutes. Its actually the guidelines that a US university uses. I just have to remember which one!

Edited January 28, 2010 by Sousuke

[Usui Takumi 1,562]

Its the guidelines used by Vanderbilt.

http://www.vanderbilt.edu/isss/documents/V...teeringInfo.pdf

[Darnell 8,479]

re: Working as a K-1, prior to married, WITH EAD stamp in passport -

If you review the I-9 form, you'll notice the list of 'verified documents'.

[Rebecca Jo 1,962]

• A foreign national cannot perform work as a volunteer if the foreign national believes that some form of compensation will follow. This specifically includes volunteering for a trial period leading up to compensated employment.

• A foreign national may not volunteer while awaiting work authorization or change of status (that would enable them to work), even if for a few days.

• Dependent family members of F-1, H1B, TN1, and O1 visa holders cannot work or volunteer at Vanderbilt without participating in the normal recruitment and hiring processes, including obtaining appropriate employment authorization.

• Dependents of J-1 and E-3 beneficiaries MAY obtain a work permit for unrestricted employment, but cannot volunteer until the EAD is in hand.

• A person cannot perform work as a volunteer in a position that would normally be a paid position.

• Defining a position as “unpaid” (e.g., an unpaid internship) or “volunteer” does not mean that it is a legitimate volunteer position, given the USCIS guidelines and other relevant labor and employment laws.

USCIS GUIDELINES

• A foreign national cannot perform work as a volunteer in a position that would normally be a paid position or if the foreign national believes that some form of compensation will follow. The U.S. Citizenship and Immigration Service (USCIS) views such volunteering as “work” and requires proper employment authorization issued by that agency. This specifically includes volunteering by a foreign national for a trial period leading up to compensated employment.

• [A]n applicant for a change of status may not offer his or her services to a prospective employer, even on a volunteer basis. The employment is unauthorized as long as the alien derives any benefit from it. (Lawrence J. Weinig, INS Deputy Assistant Commissioner for Adjudications, 66 NO. 19 Interpreter Releases 539)

• In addition, the volunteer rule may give rise to a number of potential abuses. For example, may an employer lawfully suggest to an alien that he or she should do a period of 'volunteer' work while the employer is deciding whether or not to file a nonimmigrant visa petition or a labor certification application? Recently, the INS indicated that an applicant for change in nonimmigrant status could not offer his or her services to a prospective employer on a 'volunteer' basis. The INS has stated that: 'If any type of benefit could accrue to the alien, though it may not be wages or fringe benefits, the services will be considered unauthorized employment.' (89-05 Immigr. Briefings 1)

• Volunteer services for a prospective employer constitute unauthorized employment if the alien will ultimately derive some benefit from the work. The ultimate question in most volunteer cases will be: What did the alien expect in return? If he or she expected compensation, reward, or future benefit, then the volunteer work probably violates status. (95-05 Immigr. Briefings 1)

My, my, my.